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Home > Statutes > Usa Maine
USA Statutes : maine
Title : Title 32. PROFESSIONS AND OCCUPATIONS
Chapter : Chapter 83. SOCIAL WORKERS
Title 32 - §7001-A. Definitions

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 83: SOCIAL WORKERS
Subchapter 1: GENERAL PROVISIONS

§7001-A. Definitions

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [1985, c. 736, §2 (new).]

1. Accredited educational institution. An "accredited educational institution" is an institution accredited by the Council on Social Work Education. [1985, c. 736, §2 (new).]


2. Board. "Board" is the State Board of Social Worker Licensure. [1987, c. 395, Pt. B, §10 (amd).]


3. Certified social worker - independent practice. A "certified social worker - independent practice" is a person who was licensed as a certified social worker and permitted to engage in the independent practice of social work pursuant to section 7052, before January 1, 1985. [1985, c. 736, §2 (new).]


4. Clinical setting. A "clinical setting" is a setting where mental disorders are evaluated, prevented, diagnosed and treated using psychosocial evaluation. [1985, c. 736, §2 (new).]


5. Consultation. "Consultation" is regularly scheduled face-to-face case discussion and evaluation focusing on raw data, goals and objectives from the social worker's practice. [1985, c. 736, §2 (new).]


6. Licensed clinical social worker. A "licensed clinical social worker" is a person who has received a license as a clinical social worker from the board. [1985, c. 736, §2 (new).]


7. Licensed master social worker. A "licensed master social worker" is a person who has received a license as a master social worker from the board. [1985, c. 736, §2 (new).]


8. Licensed social worker. A "licensed social worker" is a person who has received a license as a licensed social worker from the board. In accordance with the provisions of section 7053, subsection 3-B, "licensed social worker" includes a person who has received a conditional license as a licensed social worker. [2003, c. 429, §1 (amd); §7 (aff).]


9. Private practice. "Private practice" is practicing social work on a self-employed basis. [1985, c. 736, §2 (new).]


10. Psychosocial evaluation. "Psychosocial evaluation" includes the determination and examination by social workers of the psychosocial situation of an individual or group related to interpersonal and intrapersonal stress, family background, family interaction, living arrangements and socioeconomic problems and treatment, evaluation, plans and goals, including the diagnosis of mental illness and emotional disorders for the purpose of treatment and therapeutic intervention, but excluding the diagnosis of organic mental illness or treatment of any illness by organic therapy, to the extent permitted by the licensure provision of this chapter. In the process of making a diagnosis and formulating a treatment plan for mental illness or emotional disorder, the social worker shall assure, consistent with rules to be promulgated by the board, that the person is examined by a physician and may take into account the physician's opinion in forming the psychosocial evaluation. When a person has been seen by a physician within 3 months prior to seeking mental health treatment, a telephone conversation between that physician and the social worker may be held in lieu of the examination required by this subsection. The medical visit or the telephone conversation shall be documented in the clinical records of the person. This requirement shall apply only in cases where there is a presence of psychopathology. The board shall define standards by rule, in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, for implementation of this subsection. [1985, c. 736, §2 (new).]


11. Social work. "Social work" means engaging in psychosocial evaluation and intervention, including therapy, to the extent permitted by the licensure provisions of this chapter, to effect a change in the feelings, attitudes and behavior of a client, whether an individual, group or community. "Social work" also means engaging in community organization, social planning, administration and research. [1985, c. 736, §2 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §7002. Violations

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 83: SOCIAL WORKERS
Subchapter 1: GENERAL PROVISIONS

§7002. Violations

Notwithstanding Title 17-A, section 4-A, any person who makes a representation to the public or uses the title of social worker, unless licensed by the board, as a licensed clinical social worker, licensed master social worker, certified social worker or a licensed social worker, shall be subject to a fine of not less than $50 nor more than $500. Any person performing the functions of a social worker as a part of a profession or occupation or in a voluntary capacity is not subject to this section. [1985, c. 736, §3 (rpr).] div>
The State may bring an action in Superior Court to enjoin any person from violating this chapter, regardless of whether proceedings have been or may be instituted in the District Court or whether criminal proceedings have been or may be instituted. [1983, c. 413, §222 (new); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §7003. Exemptions (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 83: SOCIAL WORKERS
Subchapter 1: GENERAL PROVISIONS

§7003. Exemptions (REPEALED)


The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §7004. Services to minors for drug abuse

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 83: SOCIAL WORKERS
Subchapter 1: GENERAL PROVISIONS

§7004. Services to minors for drug abuse

Any person certified under this chapter who renders social work services to a minor for problems associated with the abuse of drugs or alcohol is under no obligation to obtain the consent of that minor's parent or guardian or to inform that parent or guardian of the treatment. Nothing in this section shall be construed so as to prohibit the licensed person rendering this treatment from informing that parent or guardian. For purposes of this section, "abuse of drugs" means the use of drugs solely for their stimulant, depressant or hallucinogenic effect upon the higher functions of the central nervous system and not as a therapeutic agent recommended by a practitioner in the course of medical treatment. [1979, c. 96, § 6 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §7005. Communication between social workers and clients

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 83: SOCIAL WORKERS
Subchapter 1: GENERAL PROVISIONS

§7005. Communication between social workers and clients

Except at the request of, or with the consent of, the client, no person licensed under this chapter may be required to testify in any civil or criminal action, suit or proceeding at law or in equity respecting any information which he may have acquired in providing social work services to the client in a professional and contractual capacity if that information was necessary to enable him to furnish professional social work services to the client. However, when the physical or mental condition of the client is an issue in that action, suit or proceeding or when a court in the exercise of sound discretion deems the disclosure necessary to the proper administration of justice, no information communicated to, or otherwise learned by, that licensed person in connection with the provision of social work services may be privileged and disclosure may be required. [1985, c. 736, §5 (amd).] div>
Nothing in this section may prohibit disclosure by a person licensed under this chapter of information concerning a client when that disclosure is required by law and nothing in this section may modify or affect the provisions of Title 22, sections 4011-A to 4015. [2001, c. 345, §9 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §7026. State Board of Social Worker Licensure

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 83: SOCIAL WORKERS
Subchapter 2: STATE BOARD OF SOCIAL WORKER LICENSURE (HEADING: PL 1987, c. 395, Pt. B, @11 (rpr))

§7026. State Board of Social Worker Licensure

The State Board of Social Worker Licensure, as established by Title 5, section 12004-A, subsection 38, within the Department of Professional and Financial Regulation, shall administer this chapter. The board consists of 7 members appointed by the Governor. Three members of the board must be licensed clinical social workers, licensed master social workers or certified social workers - independent practice; 2 must be licensed social workers; and there must be 2 public members. In addition, board members must meet the qualifications required under section 7027. [2005, c. 235, §4 (amd).] div>
Appointments are for 3-year terms. Appointments of members must comply with section 60. [1993, c. 600, Pt. A, §258 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §7027. Qualifications

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 83: SOCIAL WORKERS
Subchapter 2: STATE BOARD OF SOCIAL WORKER LICENSURE (HEADING: PL 1987, c. 395, Pt. B, @11 (rpr))

§7027. Qualifications

Members of the board shall be residents of this State, and shall be trustworthy and competent to fulfill the responsibilities imposed by this chapter. Each board member other than the public members shall have been engaged in the active practice of social work as a certified social worker - independent practice or licensed clinical, licensed master or licensed social worker for not less than 5 years prior to appointment. [1985, c. 736, § 7 (amd).] div>
The Governor may remove any member for cause. [1983, c. 413, § 223 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §7028. Compensation and expenses (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 83: SOCIAL WORKERS
Subchapter 2: STATE BOARD OF SOCIAL WORKER LICENSURE (HEADING: PL 1987, c. 395, Pt. B, @11 (rpr))

§7028. Compensation and expenses (REPEALED)


The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §7029. Organization and meetings

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 83: SOCIAL WORKERS
Subchapter 2: STATE BOARD OF SOCIAL WORKER LICENSURE (HEADING: PL 1987, c. 395, Pt. B, @11 (rpr))

§7029. Organization and meetings

The board shall annually elect a chairman and secretary from its membership. The secretary shall keep full and complete records of its proceedings and accounts, which shall be open to public inspection at all reasonable times. [1985, c. 736, § 8 (amd).] div>
The board shall meet at least once a year to conduct its business and elect its officers. Additional meetings shall be held as necessary to conduct the business of the board, and may be convened at the call of the chairman or a majority of the board members. Four members of the board shall constitute a quorum for the transaction of business. [1985, c. 736, § 8 (amd).] div>
The board shall adopt a seal for its use. The seal and records shall be kept at the Department of Professional and Financial Regulation. [1987, c. 395, Pt. B, § 13 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §7030. Powers

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 83: SOCIAL WORKERS
Subchapter 2: STATE BOARD OF SOCIAL WORKER LICENSURE (HEADING: PL 1987, c. 395, Pt. B, @11 (rpr))

§7030. Powers

The board shall have the following duties and powers, in addition to those otherwise set forth in this chapter.

1. Licenses. The board shall evaluate the qualifications and supervise the examination of applicants for licensure under this chapter. The board shall accommodate the special needs or handicapping conditions of licensing applicants which prohibit examination in the usual manner. [1987, c. 735, §67 (rpr).]


1-A. Enforcement. The board shall investigate or cause to be investigated all complaints made to it and all cases of noncompliance with this chapter. [1987, c. 735, §68 (new).]


2. Rules. The board may, in accordance with procedures established by the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter II, adopt such rules as may be reasonably necessary for the proper performance of its duties and the administration of this chapter. [1983, c. 413, § 225 (new).]


3. Hearings. Hearings may be conducted by the board to assist with investigations, to determine whether grounds exist for suspension, revocation or denial of a license, or as otherwise deemed necessary to the fulfillment of its responsibilities under this chapter. The board shall not refuse to renew a license for any reason other than failure to pay a required fee, unless it has afforded the licensee an opportunity for an adjudicatory hearing. The board shall hold an adjudicatory hearing at the written request of any person who is denied a license without a hearing for any reason other than failure to pay a required fee, provided that the request for hearing is received by the board within 30 days of the applicant's receipt of written notice of the denial of his application, the reasons therefor and his right to request a hearing. Hearings shall be conducted in conformity with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter IV, to the extent applicable. The board may subpoena witnesses, records and documents in any hearing it conducts. [1983, c. 413, § 225 (new).]


4. Contracts. [1995, c. 397, §84 (rp).]


5. Continuing educational requirements. The board may establish continuing educational requirements as the board deems necessary. In developing these requirements, the board shall consider training requirements for social workers who are required to conduct investigations or assessments which may lead to the filing of civil or criminal actions. [1989, c. 268, §2 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §7031. Volunteer Social Workers Project

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 83: SOCIAL WORKERS
Subchapter 2: STATE BOARD OF SOCIAL WORKER LICENSURE (HEADING: PL 1987, c. 395, Pt. B, @11 (rpr))

§7031. Volunteer Social Workers Project

The board shall contract with a statewide agency or entity that represents social workers to establish and administer the Volunteer Social Workers Project. The project, pursuant to the contract and in accordance with procedures and protocols developed by the project and approved by the board, shall match persons referred by social service agencies and providers with social workers who have agreed to provide their services on a pro bono basis. In addition, the project shall develop opportunities for social workers to participate on a pro bono basis in community organization activities. The funding of the project is the responsibility of the board and must be derived from the board's revenues. The project may also accept gifts, grants or other income from outside sources to supplement this funding. [1993, c. 584, §1 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §7051. License required

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 83: SOCIAL WORKERS
Subchapter 3: REGISTRATION

§7051. License required

In order to safeguard the life, health and welfare of the people of this State, any person practicing or offering to practice as a certified social worker - independent practice or licensed clinical, licensed master or licensed social worker shall be required to submit evidence that he is qualified to so practice and shall be licensed as provided in this subchapter. [1985, c. 736, § 9 (amd).] div>
The board may grant a conditional license to any person eligible to take the examination for licensure while waiting to sit for the examination or to any person who is waiting to retake the examination according to rules issued by the board. [1985, c. 736, § 9 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §7052. Independent practice of social work; license required (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 83: SOCIAL WORKERS
Subchapter 3: REGISTRATION

§7052. Independent practice of social work; license required (REPEALED)


The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §7053-A. Functions

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 83: SOCIAL WORKERS
Subchapter 3: REGISTRATION

§7053-A. Functions

No social worker at any level may diagnose organic mental illness or treat any illness by organic therapy. [1985, c. 736, §12 (new).]

1. Licensed master social worker. Any licensed master social worker may:



A. Engage in administration, research, consultation, social planning and teaching related to the functions in this section; [1985, c. 736, §12 (new).]




B. Perform all the functions of a licensed social worker; and [1985, c. 736, §12 (new).]




C. Engage in a nonclinical private practice. [1985, c. 736, §12 (new).]

In addition, a licensed master social worker having met the requirements for licensure as a licensed clinical social worker prior to January 1, 1987, except for having completed the licensed clinical social worker examination, may engage in the clinical consultation of licensed master social worker, conditional for the purpose of preparing the licensed master social worker, conditional for eventual licensed clinical social workers' status or regular licensure. This includes responsibility for ongoing training and evaluation. The licensed master social worker has an obligation to assess the licensed master social worker, conditional's competence and ethics and share this assessment with the Board of Social Work Licensure at the time the licensed master social worker applies for the licensed clinical level. In addition to paragraphs A, B and C, a person holding a "licensed master social worker, conditional" license may engage in psychosocial evaluation, including diagnosis and treatment of mental illness and emotional disorders, and provide clinical consultation to licensed social workers, social work students, other professionals practicing related professions and paraprofessionals engaging in related activities. A "licensed master social worker, conditional" may not engage in private clinical practice, unless permitted under section 7053, subsection 1, and must receive individual consultation 4 hours a month while practicing social work in a clinical setting. [1987, c. 395, Pt. B, §15 (amd).]


2. Licensed clinical social worker. A licensed clinical social worker may:



A. Practice social work in a clinical setting without consultation; [1985, c. 736, §12 (new).]




B. Engage in psychosocial evaluation, including diagnosis and treatment of mental illness and emotional disorders; [1985, c. 736, §12 (new).]




C. Engage in clinical private practice of social work; [1985, c. 736, §12 (new).]




D. Perform all the functions of a licensed master social worker; and [1985, c. 736, §12 (new).]




E. Engage in the clinical consultation of licensed master social workers for the purpose of preparing the licensed master social worker for eventual licensed clinical social workers' status or regular licensure. This includes responsibility for ongoing training and evaluation. The licensed clinical social worker has an obligation to assess the licensed master social worker's competence and ethics and share this assessment with the Board of Social Worker Licensure at the time the licensed master social worker applies for the licensed clinical level. [1987, c. 395, Pt. B, §16 (amd).]

[1987, c. 395, Pt. B, §16 (amd).]


3. Certified social worker - independent practice. A certified social worker - independent practice may:



A. Perform all the functions of a licensed master social worker; [1985, c. 736, §12 (new).]




B. Practice social work in a clinical setting without consultation; and [1985, c. 736, §12 (new).]




C. Engage in clinical private practice of social work.
In addition, a certified social worker - independent practice having met the requirements for licensure as a licensed clinical social worker prior to January 1, 1987, except for having completed the licensed clinical social worker examination, may engage in the clinical consultation of licensed master social worker, conditional for the purpose of preparing the licensed master social worker, conditionals for eventual licensed clinical social workers' status or regular licensure. This includes responsibility for ongoing training and evaluation. The certified social worker - independent practice has an obligation to assess the licensed master social worker, conditional's competence and ethics and share this assessment with the Board of Social Work Licensure at the time the licensed master social worker applies for the licensed clinical level. [1987, c. 395, Pt. B, §17 (amd).]

[1987, c. 395, Pt. B, §17 (amd).]


4. Licensed social worker. A licensed social worker may:



A. Engage in psychosocial evaluation, excluding the diagnosis and treatment of mental illness, and conduct basic data gathering of records and specific life issues of individuals, groups and families, assess this data and formulate and implement a plan to achieve specific goals related to specific life issues; [1985, c. 736, §12 (new).]




B. Serve as an advocate for clients or groups of clients for the purpose of achieving specific goals relating to specific life issues; [1985, c. 736, §12 (new).]




C. Refer clients to other professional services; [1985, c. 736, §12 (new).]




D. Plan, manage, direct or coordinate social services; and [1985, c. 736, §12 (new).]




E. Participate in training and education of social work students from an accredited institution or an educational institution in candidacy for accreditation with the Council on Social Work Education or a successor organization and supervise other licensed social workers. [2001, c. 316, §4 (amd).]

A licensed social worker may not engage in the private practice of social work, diagnose mental illness and emotional disorders or provide psychotherapy. A licensed social worker with less than 2 years' experience must receive consultation from either a licensed master social worker, a licensed clinical social worker or a certified social worker - independent practice in a manner to be prescribed by the board on a group or individual basis 4 hours a month. Licensed social workers in health care facilities licensed by the Department of Health and Human Services must receive consultation on a quarterly basis in a manner prescribed by the department. The department staff giving consultation to intermediate care facilities must be on the master or clinical level by January 1, 1993. State agencies employing social workers are responsible for providing supervision necessary for those social workers to maintain their licenses. [2003, c. 429, §5 (amd); §7 (aff); c. 689, Pt. B, §6 (rev).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §7053. Qualifications

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 83: SOCIAL WORKERS
Subchapter 3: REGISTRATION

§7053. Qualifications

To be eligible for a license to practice social work at any level, an applicant shall be at least 18 years of age and shall satisfactorily pass any examination as the board may prescribe by its rules. Each applicant shall demonstrate trustworthiness and competence to engage in the practice of social work in such a manner as to safeguard the interests of the public. [1985, c. 736, §11 (amd).] div>
The following shall be considered as minimum evidence satisfactory to the board that an applicant is qualified for licensure under this chapter. [1985, c. 736, §11 (amd).]

1. Licensed clinical social worker. To be qualified as a licensed clinical social worker, an applicant shall have demonstrated to the satisfaction of the board adherence to the ethics of the social work profession; shall have successfully completed the examination prescribed by the board; and shall have received either:



A. A masters or doctoral degree in social work or social welfare from an accredited educational institution, in a clinical concentration:

(1) Shall have subsequently completed 2 years of social work experience with 96 hours of consultation in a clinical setting; or


(2) Shall have demonstrated 2 years of full-time clinical social work experience or its equivalent and have completed the graduate degree prior to January 1, 1987, and have completed 2 years of subsequent social work experience with 96 hours of consultation in a private setting; or
[1987, c. 395, Pt. B, §14 (new).]




B. A masters or doctoral degree in social work in a nonclinical concentration from an accredited educational institution:

(1) Shall have subsequently completed 4 years of social work experience with 192 hours of consultation in a clinical setting; or


(2) Shall have demonstrated 2 years of full-time clinical social work experience or its equivalent and have completed the graduate degree prior to January 1, 1987, and have completed 4 years of subsequent social work experience with 192 hours of consultation in a private setting.
[1987, c. 395, Pt. B, §14 (new).]

The board may waive up to one year of the post-master of social work, clinical experience requirement pursuant to this subsection for those candidates who demonstrate to the satisfaction of the board equivalent clinical experience prior to receiving the masters degree in social work. The board shall issue rules, in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, defining the clinical experience required for this level of licensure. [1987, c. 735, §69 (amd).]


2. Licensed master social worker. [2003, c. 211, §1 (amd); T. 32, §7053, sub-§2 (rp).]


2-A. Licensed master social worker. As a licensed master social worker, an applicant must have received either a masters or doctoral degree in social work or social welfare from an accredited educational institution, must have demonstrated to the satisfaction of the board adherence to the ethics of the social work profession and must have successfully completed the examination prescribed by the board. After meeting these qualifications, the applicant must receive a "licensed master social worker" license. In addition, any person wishing to practice social work in a clinical setting must receive a "licensed master social worker, conditional" license. This subsection takes effect July 1, 2005. [2003, c. 211, §2 (new).]


3. Requirements to be a licensed social worker. To be qualified to be licensed as a social worker an applicant must meet one of the following requirements:



A. The applicant must have received a bachelor's degree in social work or social welfare from an accredited educational institution; demonstrated to the satisfaction of the board adherence to the ethics of the social worker profession; and successfully completed the examination prescribed by the board; or [2001, c. 316, §2 (amd).]




B. The applicant must have received a conditional license as a licensed social worker in accordance with subsection 3-B; completed the requirements for consultation and contact hours in accordance with subsection 3-C, paragraph B and subsection 3-D; and successfully completed the examination prescribed by the board. [2003, c. 429, §2 (amd); §7 (aff).]

[2003, c. 429, §2 (amd); §7 (aff).]


3-A. Requirements for licensed social worker after September 30, 2003. [2003, c. 429, §3 (rp); §7 (aff).]


3-B. Conditional license as a licensed social worker. The board may issue a conditional license as a licensed social worker to an applicant who provides to the board:



A. Documented proof of a bachelor's degree in a field that is sufficiently related to social work or social welfare, as determined by the board; and [2003, c. 429, §4 (new); §7 (aff).]




B. Any documentation as required by the board, which may include, but is not limited to:

(1) Evidence of employment in a social service delivery field;


(2) Evidence of an arrangement of consultation to be provided in accordance with subsection 3-C, paragraph B; and


(3) Letters of professional recommendation.
[2003, c. 429, §4 (new); §7 (aff).]

[2003, c. 429, §4 (new); §7 (aff).]


3-C. Consultation requirements for licensed social workers and conditionally licensed social workers. A licensed social worker or conditionally licensed social worker must complete the following requirements for consultation.



A. A licensed social worker must complete a minimum of 96 hours of consultation as determined by the board. This consultation must be concurrent with the first 3,200 hours of social work employment occurring in a period of not less than 2 years but not more than 4 years. [2003, c. 429, §4 (new); §7 (aff).]




B. A person who receives a conditional license as a licensed social worker on or after January 1, 2004 must complete the following requirements for consultation.

(1) A person who is not an employee of the Department of Health and Human Services must complete a minimum of 96 hours of consultation as determined by the board. This consultation must be concurrent with the first 3,200 hours of social work employment occurring in a period of not less than 2 years but not more than 4 years. For purposes of fulfilling the requirement of 96 hours of consultation during the first 3,200 hours of social work employment, a licensed social worker who practiced social work and obtained social work consultation hours in a long-term care setting and who held a valid license as of September 13, 2003 may count consultation hours that were obtained prior to August 3, 2004, whether the consultation hours were obtained in individual or group settings, if the consultation was provided by a licensed social worker, regardless of the group size and the eligibility requirements of the consulting licensed social worker.


(2) A person who is an employee of the Department of Health and Human Services must complete a minimum of 96 hours of consultation with a licensed social worker who has been licensed for at least 4 years or a licensed master social worker. This consultation must be concurrent with the first 3,200 hours of social work employment occurring in a period of not less than 2 years but not more than 4 years.
[2005, c. 173, §1 (amd).]

[2005, c. 173, §1 (amd).]


3-D. Contact hours for conditionally licensed social workers. A person who receives a conditional license as a licensed social worker on or after January 1, 2004 must complete, within the first 2 years of licensure, contact hours, as that term is defined by the board, in an amount set by the board. Of these contact hours required by the board, 6 hours must be on the subject of social work ethics and 6 hours must be on the subject of psychosocial assessment. [2003, c. 429, §4 (new); §7 (aff).]


4. Associate social worker. [1985, c. 736, §11 (rp).]
div>
Any person having the necessary qualifications prescribed in this chapter to entitle him to licensure as a licensed clinical, licensed master or license social worker shall be eligible for that license though he may not be practicing his profession at the time of making the application. [1985, c. 736, §11 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §7054-A. Licensure without examination

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 83: SOCIAL WORKERS
Subchapter 3: REGISTRATION

§7054-A. Licensure without examination

A person holding a certificate of registration or license under the laws of another state, territory or possession of the United States, the District of Columbia or of any foreign country, which is the equivalent of a license as a licensed clinical, licensed master or licensed social worker under this chapter who, in the opinion of the board, meets the requirements of this chapter, based upon verified evidence may, upon application, be licensed without further examination. [1985, c. 736, § 14 (new).] div>
Any person registered by the board prior to the effective date of this section, under former section 7054, as a registered social worker or an associate social worker shall automatically be licensed as a "licensed social worker" without further examination. [1985, c. 736, § 14 (new).] div>
Any person certified by the board prior to the effective date of this section or under former section 7054 as a certified social worker and who engages in the independent practice of social work pursuant to section 7052 shall be licensed as a "certified social worker - independent practice" and may continue to practice social work as previously authorized. This person has the option to be licensed as a "licensed master social worker" without further examination if the person has a masters' degree in social work or social welfare. [1985, c. 736, § 14 (new).] div>
Any other person certified by the board prior to the effective date of this section or under former section 7054 as a certified social worker shall automatically be licensed as a "licensed master social worker" without further examination and any person licensed as a "licensed clinical social worker" prior to the effective date of this section, under former section 7054, shall remain licensed as a "licensed clinical social worker" without further examination. [1985, c. 736, § 14 (new).] div>
Any person having received a masters or doctoral degree in social work or social welfare from an accredited educational institution and having completed 5 years' experience prior to January 1, 1987, with 3 years or its equivalent having been gained within 5 years of the date of application for licensure, shall be automatically licensed as a "licensed master social worker." [1987, c. 395, Pt. B, § 18 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §7054-B. State employees (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 83: SOCIAL WORKERS
Subchapter 3: REGISTRATION

§7054-B. State employees (REPEALED)


The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §7054. Registration without examination (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 83: SOCIAL WORKERS
Subchapter 3: REGISTRATION

§7054. Registration without examination (REPEALED)


The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §7055. Certified social worker; equivalency registration (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 83: SOCIAL WORKERS
Subchapter 3: REGISTRATION

§7055. Certified social worker; equivalency registration (REPEALED)


The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §7056. Application; fees

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 83: SOCIAL WORKERS
Subchapter 3: REGISTRATION

§7056. Application; fees

Application for license as a licensed clinical, licensed master or licensed social worker shall be on a form prescribed and furnished by the board. An application fee and an examination fee may be established by the board in amounts which are reasonable and necessary for their respective purposes. All fees shall accompany the application. [1985, c. 736, § 16 (amd).] div>
The license fee for a licensed social worker shall be established by the board in an amount not to exceed $70. [1987, c. 113, § 2 (amd).] div>
The license fee for a licensed master social worker shall be established by the board in an amount not to exceed $110. [1987, c. 113, § 2 (amd).] div>
The license fee for a licensed clinical social worker shall be established by the board in an amount not to exceed $175. [1987, c. 113, § 2 (amd).] div>
Fees for initial and renewal licenses shall be set so that total fee receipts do not exceed the amount required to cover properly the expense of performing the duties imposed upon the board. [1987, c. 113, § 2 (new).] div>
If the board denies the issuance of a license to any applicant, the application and examination fees shall be nonrefundable. [1985, c. 736, § 16 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §7057. Examinations

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 83: SOCIAL WORKERS
Subchapter 3: REGISTRATION

§7057. Examinations

Written examinations shall be held at such times and places as the board shall determine and shall be based on fundamental social work subjects as determined by the board. [1977, c. 673, § 3 (new).] div>
The passing grade on any examination shall be established by the board based upon National Testing Scores set by the testing company. A candidate failing any examination may apply for reexamination, which shall be granted upon payment of a fee established by the board in an amount not in excess of the original application and examination fees. Any candidate for registration having an average grade of less than 50% in his written examination may not apply for reexamination for one year. [1985, c. 736, § 17 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §7058. Certificates

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 83: SOCIAL WORKERS
Subchapter 3: REGISTRATION

§7058. Certificates

The board shall issue a certificate of registration to any applicant who, in the opinion of the board, has satisfactorily met all the requirements of this chapter. [1977, c. 673, § 3 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §7059. Suspension, revocation and reissuance

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 83: SOCIAL WORKERS
Subchapter 3: REGISTRATION

§7059. Suspension, revocation and reissuance

1. Board or District Court revocation. The board may suspend or revoke a license pursuant to Title 5, section 10004. In addition, the board may refuse to issue or renew or the District Court may suspend, revoke or refuse to renew a license on any of the following grounds:



A. The practice of fraud or deceit in obtaining a license under this chapter or in connection with service rendered as a licensed clinical, licensed master or licensed social worker or certified social worker - independent practice; [1985, c. 736, §18 (amd).]




B. Addiction, as confirmed by medical findings, to the use of alcohol or other drugs, which has resulted in the licensed clinical, licensed master or licensed social worker or certified social worker - independent practice being unable to perform his duties or perform those duties in a manner which would not endanger the health or safety of the clients to be served; [1985, c. 736, §18 (amd).]




C. A medical finding of mental incompetency; [1983, c. 413, §229 (new).]




D. Aiding or abetting a person not duly licensed in representing himself as a licensed clinical, licensed master or licensed social worker or certified social worker - independent practice in this State; [1985, c. 736, §18 (amd).]




E. Any gross negligence, incompetency or misconduct in the practice of professional social work; [1983, c. 413, §229 (new).]




F. Subject to the limitations of Title 5, chapter 341, conviction of a Class A, B or C crime or of a crime which, if committed in this State, would be punishable by one year or more of imprisonment; or [1983, c. 413, §229 (new).]




G. Violation of any provision of this chapter or any rule of the board. [1983, c. 413, §229 (new).]

[1985, c. 736, §18 (amd); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
div>
Any person may register a complaint against any social worker licensed at any level. Any complaints shall be in writing, shall be sworn to by the person making them and shall be filed with the secretary of the board. [1985, c. 736, §18 (amd).] div>
The board, for reasons it may deem sufficient, may reissue a license to any person whose license has been revoked, provided that 5 or more members of the board vote in favor of that reissuance. A new license to replace any license revoked, lost, destroyed or mutilated, may be issued, subject to the rules of the board. A charge of $3 shall be made for that issuance. [1985, c. 736, §18 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §7060. Expiration and renewals

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 83: SOCIAL WORKERS
Subchapter 3: REGISTRATION

§7060. Expiration and renewals

Licenses expire biennially on December 31st or at such other times as the Commissioner of Professional and Financial Regulation may designate. Biennial fees for renewal of licenses must be set by the board in an amount not to exceed those amounts specified in section 7056 and are due and payable biennially on or before the first day of January. License renewal fees for certified social workers are the same as those for licensed master social workers. Each renewal is contingent upon evidence of participation in a continuing professional education course or program as approved by the board. A license may be renewed up to 90 days after the date of expiration upon payment of a late fee of $10 in addition to the renewal fee. Any person who submits an application for renewal more than 90 days after the renewal date is subject to all requirements governing new applicants under this chapter, except that the board may in its discretion, giving due consideration to the protection of the public, waive examination if the renewal application is made within 2 years from the date of the expiration. [2003, c. 429, §6 (rpr); §7 (aff).] div>
The board shall adopt rules that provide that a person licensed under this chapter may, upon written request, be placed in an inactive status. Reasons for granting inactive status include, but are not limited to, changes in occupation, residence and health. The payment of fees must be suspended during the term of inactive status. The board shall also adopt rules by which a person in an inactive status may be reinstated. A person may be reinstated to active status by paying the fees for the year of reinstatement. [2003, c. 429, §6 (rpr); §7 (aff).] div>
The board shall notify every person licensed under this chapter of the date of expiration of that person's license and the fee required for its renewal for a 2-year period. The notice must be mailed to the person's last known address at least 30 days in advance of the expiration date of the license. [2003, c. 429, §6 (rpr); §7 (aff).] div>
In addition to the other requirements of this section, a licensed social worker must: [2003, c. 429, §6 (rpr); §7 (aff).]

1. Not employee of Department of Health and Human Services. If not employed by the Department of Health and Human Services, provide documentation of 96 hours of consultation as determined by the board during the first 3,200 hours of social work employment in a period of not less than 2 years but not more than 4 years. For purposes of fulfilling the requirement of 96 hours of consultation during the first 3,200 hours of social work employment, a licensed social worker who practiced social work and obtained social work consultation hours in a long-term care setting and who held a valid license as of September 13, 2003 may count consultation hours that were obtained prior to August 3, 2004, whether the consultation hours were obtained in individual or group settings, if the consultation was provided by a licensed social worker, regardless of the group size and the eligibility requirements of the consulting licensed social worker; or [2005, c. 173, §2 (amd).]


2. Employee of Department of Health and Human Services. If employed by the Department of Health and Human Services, provide documentation of either:



A. A minimum of 96 hours of consultation with a licensed social worker who has been licensed for at least 4 years or a licensed master social worker. This consultation must be concurrent with the first 3,200 hours of social work employment occurring in a period of not less than 2 years but not more than 4 years; or [2003, c. 429, §6 (new); §7 (aff).]




B. A minimum of 96 hours of consultation concurrent with the person's first 3,200 hours of social work employment occurring in a period of not less than 2 years but not more than 4 years with a licensed social worker who has been licensed for at least 2 years, has been designated by the department as a supervisor trainee and is concurrently receiving 48 hours of consultation with a licensed master social worker. [2003, c. 429, §6 (new); §7 (aff).]

[2003, c. 429, §6 (new); §7 (aff); c. 689, Pt. B, §6 (rev).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §7061. Receipts and disbursements (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 83: SOCIAL WORKERS
Subchapter 3: REGISTRATION

§7061. Receipts and disbursements (REPEALED)


The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §7062. Reports.

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 83: SOCIAL WORKERS
Subchapter 3: REGISTRATION

§7062. Reports.

No later than August 1st of each year, the board shall submit to the Commissioner of Professional and Financial Regulation, for the preceding fiscal year ending June 30th, an annual report of its operations and financial position, together with those comments and recommendations which the board deems essential. [1987, c. 395, Pt. B, § 20 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §7063. Application

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 83: SOCIAL WORKERS
Subchapter 3: REGISTRATION

§7063. Application

All persons licensed, registered or certified on any level under the prior social work registration law shall be entitled to practice social work as previously authorized as long as licensure remains current. [1985, c. 736, § 20 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
 
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